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GRAHAM v. THORNBURGH

No. 02-4087-JAR.

207 F.Supp.2d 1280 (2002)

Timothy GRAHAM, Plaintiff, v. Ron THORNBURGH, in his official capacity as Secretary of State of the State of Kansas, Defendant, and Iowa Tribe of Kansas and Nebraska; Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas; Prairie Band Potawatomi Nation; and Sac and Fox Nation of Missouri in Kansas and Nebraska, Intervenors, Michael R. O'NEAL, Intervenor, Susan ESTES, Intervenor, Robert C. MUNSON, John G. Montgomery, Alexander John Sajo, Jane L. Sajo, and Bobby Whitten, Intervenors.

United States District Court, D. Kansas.

July 3, 2002.

Attorney(s) appearing for the Case

William Scott Hesse, Scott B. Poor, Office of Attorney General, Carla J. Stovall, Kansas Attorney General, Topeka, KS, for State of Kansas ex rel. Carla J. Stovall, Attorney General, plaintiffs.

Richard F. Hayse, Morris, Laing, Evans, Brock & Kennedy, Chtd., Topeka, KS, for Ron Thornburgh, in his official capacity as Secretary of State of the State of Kansas, defendants.

Robert V. Eye, Irigonegaray & Associates, Topeka, KS, for Timothy Graham.

Mark S. Gunnison, Payne & Jones, Chtd., Overland Park, KS, for Iowa Tribe of Kansas & Nebraska.

Charley L. Laman, Topeka, KS, for Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas.

David Prager, III, Mayetta, KS, for Prairie Band Potawatomi Nation.

Thomas Weathers, Alexander & Karshmer, Berkeley, CA, for Sac and Fox Nation of Missouri.

Michael R. O'Neal, Gilliland & Hayes, P.A., Hutchinson, KS, for Michael R. O'Neal.

Richard A. Macias, Wichita, KS, for Susan Estes.

Before TACHA, Chief Circuit Judge, MARTEN, and ROBINSON, District Judges.

PER CURIAM.

The members of the U.S. House of Representatives are chosen "by the People of the several States." U.S. Const. art. I, § 2, cl. 1. "The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof ...." U.S. Const. art. I, § 4, cl. 1. The Kansas Legislature has redrawn the congressional districts for the State of Kansas. The only question before this court is whether...

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